Labor Law: How Should Companies Respond to Biden’s Vaccine Mandate? | Economic news

Second, Hyman believes the alternative to weekly testing is problematic because it only identifies a small slice of time during the week and otherwise allows the risk of a COVID positive employee entering the workplace. “So it actually allows for the grave danger that he’s trying to eliminate,” he said.

Hyman also refers to current mitigation strategies such as masks and social distancing that OSHA already recommends that have been successful in mitigating risks in most situations.

Courtney Malveaux, director of the Richmond office of the Jackson Lewis law firm and a former member of the State Safety and Health Codes Board, believes vaccine warrants will survive legal scrutiny, especially since ‘there is a requirement for testing as an alternative.

Employers can offer alternatives to mandatory vaccines / tests by offering telecommuting or unpaid leave until COVID is no longer a recognized danger in the workplace, Malveaux said.

Four states, he noted, have successfully enacted temporary emergency standards after finding the COVID-19 pandemic to pose a “grave danger” and have survived legal challenges, including Virginia, California , Oregon and Washington.

OSHA found COVID to pose a “serious danger” when it issued a temporary emergency standard for health care employers, Malveaux said. The covered employers did not contest the finding of “serious danger”, and it remains in effect today.